Leite v Amicorp (UK) Ltd

Leite v Amicorp (UK) Ltd

The Buglin and Endipa Extension Applications are collective, judicial proceedings pursuant to a law relating to insolvency, and Dr Leite is a foreign representative entitled to recognition under the CBIR. The court recognises the proceedings as foreign main proceedings and grants Dr Leite relief under Article 21(1)(g) by ordering Amicorp (UK) Limited to disclose documents and information relating to Nilza, Buglin, Endipa, and Tipuana Investments LLP. The requirements of the Model Law are satisfied and there is no public policy bar to recognition or relief.

Parties
Applicant: Alexandre Borges Leite; Respondent: Amicorp (UK) Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Insolvency Recognition and Relief Application / Judgment on Recognition and Relief
Outcome
Application granted
Legal Topics
Recognition of Foreign Proceedings, Judicial Administrator Powers, Disclosure Orders, Substantive Consolidation, Provisional Administration
Insolvency Law Cross Border Insolvency Recognition of Foreign Proceedings Judicial Administrator Powers Disclosure Orders Substantive Consolidation Provisional Administration

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Parties

Alexandre Borges Leite

Applicant

Amicorp (UK) Limited

Respondent

Procedural Posture

Insolvency Recognition and Relief Application / Judgment on Recognition and Relief

Legal Issues

  1. 1 Whether the Buglin and Endipa Extension Applications are 'foreign proceedings' under the Cross-Border Insolvency Regulations 2006 (CBIR)
  2. 2 Whether Dr Leite is a 'foreign representative' entitled to recognition
  3. 3 Whether the proceedings are collective, judicial, and pursuant to a law relating to insolvency

Ratio Decidendi

The Buglin and Endipa Extension Applications are collective, judicial proceedings pursuant to a law relating to insolvency, and Dr Leite is a foreign representative entitled to recognition under the CBIR. The court recognises the proceedings as foreign main proceedings and grants Dr Leite relief under Article 21(1)(g) by ordering Amicorp (UK) Limited to disclose documents and information relating to Nilza, Buglin, Endipa, and Tipuana Investments LLP. The requirements of the Model Law are satisfied and there is no public policy bar to recognition or relief.

Court Disposition

Application granted

Orders

  • The Buglin and Endipa Extension Applications are recognised as foreign main proceedings under the CBIR.
  • Dr Leite is recognised as the foreign representative in relation to those proceedings.